Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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Can a Defendant(homeowner) Discharge a Lis Pendens upon it being filed ?  N.J. Legislature intended to help homeowners by implementing Rule 4:63A. Although the defendant may defend a foreclosure through a lenghty process, wouldn't  it be better if they were (also)able to discharge the lis pendens at the beginning by challenging the Plaintiff's "probility" of a successful outcome when in fact the Plaintiff is not the party in interest that would be able to file a lis pendens on a defendant's title to the property. New Jersey courts do not require Plaintiff to submit copies of the Note or Mortgage with the complaint. If they did, then there would be no need to challenge a lis pendens at the beginning if the named plaintiff was the owner of the note and mortgage, but as we all know, 99.99% of the time its not.    
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Peter
While I am unacquainted with New Jersey's particular statutory scheme, attacking a lis pendens wouldn't usually have any direct impact on the outcome of a foreclosure case. A lis pendens is usually simply a notice to the world of the pendency of litigation. While it is true that a lis pendens could encumber and obstruct a sale of the property during the pendency of the foreclosure case, the existence of an unreleased mortgage lien has much the same effect as to prospective buyers. No one is going to buy the subject property absent a release of the mortgage lien, so a prospective buyer is going to find out about the foreclosure anyway.

It is unclear to me either the point you seem to be trying to make or your objective in attacking a lis pendens. Generally, it is in the interest of a foreclosure defendant to draw out the matter rather than pushing for a sooner resolution. If you raise issues earlier in a case and succeed in getting a sooner adjudication, then any determination of the issue is usually going to bind the court in the later foreclosure adjudication.

If someone else sees any value in the proposed strategy in NJ or elsewhere, I would be interested in hearing of it, but this seems to me to be a road to nowhere with no upside and serious downside risk.
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